Ex Parte Luffel et al - Page 7



               Appeal No. 2006-1853                                                                        Page 7                  
               Application No. 10/051,573                                                                                          


               purposes of the prior art rejection that follows, we give “support means” its                                       
               broadest reasonable interpretation taking into account the corresponding structure                                  
               described in the specification for performing the recited function and equivalents                                  
               thereof.  In re Donaldson Co., 16 F.3d 1189, 29 USPQ2d 1845 (Fed. Cir. 1994).                                       
               As such, we interpret “support means” to be the supporting spar (20), as described                                  
               in the specification, and equivalents thereof, because the specification discloses                                  
               that the supporting spar (20) performs the functions of engaging the mounting                                       
               pathway, engaging the equipment cabinet, and it extends transversely between the                                    
               sides of the equipment cabinet.                                                                                     
                       Although we reverse the examiner’s rejection of claims 1-21 under 35                                        
               U.S.C. § 112, second paragraph, for the reasons provided above, we nonetheless                                      
               agree with the examiner’s interpretation of the “means for” elements in claim 15                                    
               for purposes of our discussion of the following rejections.                                                         

               II. Rejection under 35 U.S.C. § 102(b)                                                                              
                       The examiner has rejected claims 1-4, 7-9, 11-19, and 21 under 35 U.S.C.                                    
               § 102(b) as being anticipated by Whiten.  With respect to independent claims 1, 14,                                 
               and 16, the examiner has determined that Whiten discloses an equipment cabinet                                      
               having a first side (14) and a second side (10) and defining an opening therein, a                                  
               first device (58, B) sized to be received by the device opening, the first device                                   
               defining a first mounting pathway therein, the first device including a chassis (58)                                
               sized to receive a component (B) of the first device where at least a portion of the                                
               chassis defines at least a portion of the first mounting pathway.  The examiner has                                 






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